Through Family Sponsorship
Marriage to U.S. Citizen
If you entered the U.S. with a valid non-immigrant visa and you marry a U.S. citizen, you are immediately eligible to apply for adjustment of statuts ("green card") even if you have been out of status.
Please be advised that if your spouse is a legal permanent resident ("green card holder"), there is currently a 4 year waiting period for an immigrant visa. Therefore, clients who marry green card holders are advised to wait until the spouse becomes a citizen before sending in the petition.
Petition by US Citizen child who is 21 years or older
If you entered the U.S. with a valid non-immigrant visa, and you have a child who was born in the United States or otherwise a U.S. citizen, and this child is more than 21 years of age, you are immediately eligible to apply for adjustment of status ("green card") even if you have been out of status.
Petition through U.S. Citizen parents or siblings
If you entered the U.S. with a valid non-immigrant visa, and you have a U.S. citizen parent or sibling, you are eligible for an immigrant visa petition (I-130). However, the current waiting time for being a son or daughter of a U.S. citizen parent is approximately 6 years, and for U.S. citizen sibling petition the waiting time is about 11 years. To eventually become eligible for adjustment of status ("green card") you must maintain valid status in the U.S. during the entire waiting period.
As you can see, this option is not ideal for clients who wish to stay and work in the U.S. immediately.
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Through Employment Sponsorship
The H1b status for clients who have at least a B.A. degree
The H1b status is the most commonly sought status in the United States for clients who have a degree in bachelor of art or science (B.A. or B.S.). A valid H1b status can allow you to work in the United States up to 6 years, renewable every 3 years. Renewal beyond the 6 years may be possible with a pending I-140 or adjustment of status.
What is unique about the H1b status is that it allows for "dual intent." What this means is that if you may apply for adjustment of status while on H1b status and your immigrant intent will not result in the loss of your non-immigrant visa.
A significant disadvantage of the H1b status is timing. Since 2006, all available H1b status (the quota) has been used up during the first few weeks of the application, resulting in a lottery of all H1b applications in recent years. This means that even if you have a valid employer-sponsor, your H1b petition may still be turned down by USCIS for not being selected in the lottery. This causes many intended H1b applicants to have to apply for a change of status to another non-immigrant visa in order to maintain valid legal status in the United States.
The L1 status for clients who have managerial credentials and experience
If you have previously worked in a managerial capacity in your native country, you may be qualified for an L1 visa if your previous company is willing to expand into the U.S. market by opening up an affiliated or subsisdiary business entity in the U.S., appointing you as the manager.
To qualify for L1 status, you must either be (1) a manager (L1-A) or (2) an employee who has specialized knowledge regarding the company's operation/products (L1-B).
The legal meaning of management and executive roles for L1A purposes is strict, and a detailed description of the duties attached to the position is required. In particular, managers or executives should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer. You must have previously worked as a manager for the parent-affiliate company and be ready to document your prior experience. Such personnel are issued an L1-A visa, initially for three years extendible in 2 year increments to a maximum of 7 years.
To qualify for L1-B (specialized knowledge worker), generally you must be an employee who possess specialized knowledge of the company's products, services, research, systems, proprietary techniques, management, or procedures. You must be able to document your expertise and the parent-affiliate company's ability to compensate your services in the United States. Employees in this category are issued an L1-B visa, initially for three years extendible to a maximum of 5 years.
The O Status for clients who have extraordinary ability
The O-1 visa category is reserved for individuals of "extraordinary ability" in the sciences, arts, or education. Deciding whether a scholar qualifies for the O visa is often difficult. It is not a visa category used very often because the required qualifications are difficult to achieve.
An O-1 visa petition must demonstrate the applicant's "ability" through the eligibility requirements described below. To qualify as an individual of extraordinary ability there must be evidence of the applicant's having received a major internationally recognized award (Nobel Prize) or at least three of the following:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field.
- Membership in associations in the field that require outstanding achievements of their members, as judged by recognized experts in the field.
- Evidence of authorship of scholarly articles in the field, in professional journals, or other major media.
- Published material in professional or major trade publications or major media about applicant's work.
- Evidence of participation on a panel, or individually, as the judge of the work of others in the field.
- Evidence in the form of five or six letters and affidavits from prominent colleagues who can confirm applicant's original scientific or scholarly contributions of major significance to the field.*
- Evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
- Evidence of commanding a high salary or other compensation for services (this category does not usually apply to academic positions).
The P Status for clients who are professional athletes
The P1 entertainment visa is a nonimmigrant visa which allows foreign nationals who are athletes, artists and entertainers to enter into the U.S. for a specific event, competition or performance.
An internationally recognized artist, entertainer, or athlete may enter into the U.S. to participate in a performance for a U.S. employer or an international employer working through a U.S. agent. The performance must require a performer of international quality.
The Q Status for clients who are cultural exchange visitors
Q-1 Visas are issued for international cultural exchange visitors. It is issued to the foreign nationals who are coming to the US to participate in an international cultural exchange program. Under the Q-1 visa, the foreign national can engage in practical training and employment so long as they are also sharing the history, culture and traditions of their home country.
The first requirement to get a Q-1 visa is for the employer to obtain approval of their international cultural exchange program from the Attorney General.The following requirement must meet to get the approval:
- must take place in a school, museum, business, or similar location where the public, or at least the interested public, can be exposed to aspects of a foreign culture as part of a structured program;
- program must include a cultural component as an essential and integral part of the cultural visitor's employment or training; and
- program cannot provide for employment or training independent of the cultural component.
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Through Investment
The E1/E2 Investor Status for clients who start their business in the U.S.
Nationals of qualifying Treaty countries who undertake a significant amount of international trade with the United States my qualify for this type of visa. The volume of such trade must be sufficient to justify the trader or his/her employee(s) being in the United States to manage the trade, and must constitute the majority of the trader's international trade (i.e. at least 50% of the Trader's exports/imports must be to/from the USA). There is no set minimum level of trade which is considered sufficient, but obviously the lower the volume of trade the less likely one is to qualify as a Treaty Trader.
Citizens of the following countries are eligible to apply for E1 Status
Argentina China (ROC) France Italy Netherlands Sweden Australia Colombia Germany Japan Norway Switzerland Austria Costa Rica Greece Korea Oman Thailand Belgium Denmark Honduras Latvia Pakistan Togo Bolivia Estonia Iran Liberia Philippines Turkey Brunei Ethiopia Ireland Lux'bourg Spain U.K. Canada Finland Israel Mexico Suriname Yugoslavia
Nationals of qualifying Treaty countries who have made a significant investment in the United States may qualify for E2 Treaty Investor status. Like the E1 visa, there is no set minimum level of investment which may qualify for E2 status, but the lower the investment the less likely one is to qualify. Again, the level of investment must be sufficient to justify the treaty national (or his/her employees) presence in the United States. The investment must be in an operating business – i.e. simply buying property or stocks and bonds does not qualify. Also, a substantial part of the investment must have been made before applying for E2 status.
Citizens of the following countries are eligible to apply for E2 Status
Argentina China (ROC) Georgia Kyrgyzstan Pakistan Switzerland Armenia Colombia Germany Latvia Panama Thailand Australia Congo Grenada Liberia Philippines Togo Austria Costa Rica Honduras Luxembourg Poland Trinidad and Tobago Bangladesh The Czech Republic Iran Mexico Romania Tunisia Belarus Ecuador Ireland Morocco Senegal Turkey Belgium Egypt Italy Moldovia The Slovak Republic The Ukraine Bosnia-Herzegovina Estonia Jamaica Mongolia Spain United Kingdom Bulgaria Ethiopia Japan Netherlands Sri Lanka Uzbekistan Cameroon Finland Kazakhstan Norway Suriname Yugoslavia Canada France Korea Oman Sweden
The 500 thousand dollars green card investment through regional center
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 5,000 are set aside for those who apply under a pilot program involving an CIS-designated “Regional Center.”
A "Regional Center:"
- Is an entity, organization or agency that has been approved as such by the Service;
- Focuses on a specific geographic area within the United States; and ,
- Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.
"Alien investors" must:
- Demonstrate that a "qualified investment" (see below) is being made in a new commercial enterprise located within an approved Regional Center; and,
- Show, using reasonable methodologies, that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program.
Receiving a green card through investment in regional centers is a complicated process concerning both the viability and success of investment as well as maintaining eligible to receive a permanent green card. At JCS Visa & Immigration Law, we offer expert investment consultation and management firms that focus on immigration through investment process. We also offer a variety of qualifying regional center programs that will ensure compliance with immigration law and conservative investment strategy to safeguard your investment capital. Please consult with our immigration attorney if you are interested in receiving a green card through regional center investment.
The Million Dollar Investment Green Card
Investment green card traditionally requires one million dollars to qualify, before Congress approved the 500 thousand dollars regional center investment program. The Million Dollar Investment Visa carries with it more freedom in choosing the business entity for investment, compared to the Regional Center investment option, but it also requires that 10 jobs be created before the conditions on the temporary green card can be removed.
Receiving a green card through the Million Dollars Green Card Investment is a complicated process concerning both the viability and success of investment as well as maintaining eligible to receive a permanent green card. At JCS Visa & Immigration Law, we offer expert investment consultation and management firms that focus on immigration through investment process. We also offer a variety of qualifying regional center programs that will ensure compliance with immigration law and conservative investment strategy to safeguard your investment capital. Please consult with our immigration attorney if you are interested in receiving a green card through regional center investment.
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Other Options (Special Circumstances)
The U status for clients who are victims of a crime
If you have been victims of a "qualifying crime" and you have been helping the authorities in solving the crime, you may be qualified for a U status, which potentially can lead to adjustment of status ("green card").
The qualifying crimes are:
Abduction Incest Rape Abusive Sexual Contact Involuntary Servitude Sexual Assault Blackmail Kidnapping Sexual Exploitation Domestic Violence Manslaughter Slave Trade Extortion Murder Torture False Imprisonment Obstruction of Justice Trafficking Felonious Assault Peonage Unlawful Criminal Restraint Female Genital Mutilation Perjury Witness Tampering
Hostage Prostitution Other Related Crimes.
VAWA Petition for clients who are victims of domestic violence
If you are a victim of domestic violence of spousal abuse, and your abusive spouse or your abused children are U.S. citizens, you may be qualified for adjustment of status ("green card") through a VAWA petition. It is very important to collect police report, hospital records, social worker reports and notes pertaining to the abuse to ensure USCIS approval.
Derivation of Citizenship for clients who are descendents of U.S. Citizen
If one of your parent, or your grand parents may be a citizen of United States, you may be able to derive citizenship through them. There is a complicated system of determining whether one meets the derivative citizen status.
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